Aludeniya vs Karalliadde et al. – SC APPEAL NO. 30/2013-2023

Brief
In the case between Manthree Aludeniya of Karalliadde Walawwa, Teldeniya (Plaintiff) and Ekanayake Mudiyanselage Kande Walawwe Jayantha Karalliadde with other claimants (Defendants), the Supreme Court examined the validity of a partition action premised on claims of adverse possession under the Prescription Ordinance. The dispute centered on the proper identification of the land, the permissibility of asserting prescriptive title based on possession by a deceased non-party predecessor, and compliance with requirements for adverse possession. It was determined that the evidence provided did not satisfy the statutory burden for adverse possession, and the Plaintiff could not secure a declaration of prescriptive title derived solely from the conduct of a non-party. The appeal was dismis